UBC faces criticism for handling of Indigenous identity case

When Mary Ellen Turpel-Lafond's claim to Indigenous identity was questioned by a CBC report in October, the University of British Columbia didn't offer an explanation of whether it would investigate, citing privacy concerns. 

Now, in a blog post, professor Charles Menzies is taking issue with the school's handling of the case. He says while the university touted her Indigenous background when hiring Turpel-Lafond, it later told the Globe and Mail Indigenous heritage wasn't a job criterion. Since then, the university has said nothing. Menzies thinks an apology is in order.

Jean Teillet is an Indigenous rights lawyer who investigated similar allegations at the University of Saskatchewan.

"I think the better part of every institution's response is to let the sun shine in on it a little bit, at least to let the other people in your own institution and in the general public know that you are taking it seriously," she told CTV News in an interview.

The U of S issued a statement when claims about Dr. Carrie Bourassa's background were questioned. The statement said she was put on leave, and an investigation was underway.

Several people, including Tracey Robinson of the Indigenous Women's Collective, have questioned why UBC didn't issue even a general statement in Turpel-Lafond's case.

Employment lawyer Erin Brandt told CTV News a general statement about Indigenous identity would have probably been OK under B.C.'s privacy law. Saskatchewan has its own set of rules, she said, although most provinces approach issues in a similar way.

"I do understand why UBC has taken a cautious approach. But the legislation also does balance the public's right to information. And so I think that needs to be considered here as well," Brandt explained.

Turpel-Lafond is no longer with UBC, and Brandt says privacy laws prevent employers from saying why an employee left a job.

"I would assume that UBC probably spent a lot of time with their lawyers getting legal opinions on what exactly they can or cannot say in a situation like this," she added.

Teillet believes pretending to be Indigenous is an insidious problem, with serious ramifications when people are setting policy or doing academic research. She said three universities – Queen's, U of S, and UBC – have already faced the issue, which goes beyond the field of academia.

"In the academy, it appears to be mostly women who are doing this, who are taking on an Indigenous identity," said Teillet. "But in the hunting and fishing realm, it's men, and so they're doing it in order to get hunting and fishing rights or, more insidiously, to stop land claims, and there the numbers are huge."

UBC says it's developing a policy to deal with Indigenous identity and will be consulting with staff and students in the coming weeks.